WiiLi.org

Sumo X · Joined: 12 Nov 2006 Posts: 27

I'm not sure Nintendo would really have the power to shut down WiiLi. They could make running WiiLi a violation of your warranty, but really, I don't think there's much more they could do.

Companies that make computer parts are not able to say, "You can only use this with Windows." They may only provide support for that, but so long as you figure out how to use it under linux/another OS, you are able to do that.

Basically, the DMCA doesn't apply here and other copyright laws don't apply to the use of hardware- only the creation.

Worst case scenario, WiiLi gets hosted in a country that would never prosecute the developers.

aawood · Joined: 10 Nov 2006 Posts: 26

Again, Nintendo wouldn't NEED to use legal methods to kill WiiLi if they wanted to. There WILL be a comment somewhere in the Wii documentation that effectively says "Nintendo reserves the right to update the Wii firmware to do whatever we want, without notice or reason, and you can't complain"... And then they can use whatever method they like to stop it from running. Why bother making it illegal to create/distribute/use WiiLi when they can just make it impossible?

Sumo X · Joined: 12 Nov 2006 Posts: 27

That would just lead to a situation the PSP is facing- a split userbase where one refuses to upgrade (by not hooking it up to the internet) and those who will.

It's a losing proposition for Nintendo.

aawood · Joined: 10 Nov 2006 Posts: 26

The situation is a little different.

The PSP didn't have much going through it except the ability to run homebrew. Sony locked off so much of it's potential that a significant majority of users resorted to homebrew to do things they should've been able to do out-the-box, which led to the break in the userbase that you describe. (And worth noting is that, even with this split becoming evident, Sony still did it. Apparently breaking the userbase was seen to be worth it.)

The Wii is pretty highly functional from day one, and for all the awesome potential of having Linux on there, the number of people that will actually have a reason to use it (such as ourselves) is much smaller. It's also got a lot more going for it like, for example, games worth playing. This adds up to a probably wider audience, with a probable smaller number of homebrewers. Add this to the fact that one of the Wii's central revenue streams (the Virtual Console) would be in direct competition to one of the possible "main reasons" for using WiiLi, and the whole thing becomes a lot less straightforward than simply "a losing proposition" for Nintendo. The potential losses by aggravating a relatively tiny number of hardcore vocal users becomes less than the potential losses if the tool they use becomes widespread.

But again, we should be able to avoid this fairly easily; just don't market this as an emulation tool. If we do what we can to be seen to be playing fair, that whatever Nintendo can or can't do, legally or techincally, and whether they will or won't do it... that all becomes academic. Let's not give them a reason to even consider it.